Loy Yang B Operations and Maintenance Pty Ltd

[2018] FWCA 7369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Loy Yang B Operations and Maintenance Pty Ltd

(AG2018/3746)

LOY YANG B ENTERPRISE AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Loy Yang B Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Loy Yang B Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loy Yang B Operations and Maintenance Pty Ltd. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Loy Yang B Operations and Maintenance Pty Ltd, represented by the company, sought approval for the Loy Yang B Enterprise Agreement 2018. The application was made before the Fair Work Commission, which was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, including the classification of employees, the conditions of employment, and the dispute resolution mechanisms outlined within the agreement.

The legal issues the court had to address were whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act, particularly whether it had been made in good faith and whether it provided for the fair resolution of workplace disputes. The court also had to consider whether the agreement met the requirement of being "better off overall" for the employees covered by the agreement, as compared to the applicable award or other existing agreements.

The Fair Work Commission found that the Loy Yang B Enterprise Agreement 2018 met the necessary criteria for approval. The agreement was made in good faith and contained provisions that were fair and reasonable in all respects. The Commission determined that the agreement provided for a better overall outcome for the employees, considering factors such as wages, conditions, and dispute resolution mechanisms. The Commission also considered the views of the parties and the potential impact of the agreement on the employees and the broader workforce. The Commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act.

The final orders of the Commission were that the Loy Yang B Enterprise Agreement 2018 be approved and registered with the Fair Work Commission. This decision allowed the agreement to come into effect and govern the employment terms of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established